SUSHILA MEHTA Vs. BANSI LAL ARORA

JUDGEMENT

(1.) The plaintiff, Mrs. Sushila Mehta, has brought this' suit for the recovery of Rs. 1,36,000 under Order 37 of the Code of Civil Procedure. To this suit there are two defendants (i) Bansi Lal Arora and (ii) Mayar Cinema Private Limited. The suit is based on a document dated 26th August, 1978 stvled as 'Receipt'. This receipt is admittedly signed by Bansi Lal Arora, defendant No. 1. It reads as follows :

(2.) The defendants have made an ..ilplication under Order 37 Rule, 3x5) of the Code of Civil Procedure for leave to defend the suit. It is this application which I heard. At the conclusion of the arguments on 21st October, 1981 I gave leave' to the .Defendants to defend the suit on their depositing in court Rs. 79,500 within 15 days. Now I give my reasons.

(3.) The execution of the document dated 26th August, 1978 is not disputed by the defendants. Both in the affidavit and. the rejoinder affidavit of Bansi Lal Arora, there is no denial that this receipt was executed by him. Nor is the receipt of the amount of Rs. 1,00,000 disputed. What has' been pleaded is that the plaintiff initially paid Rs. 1,00,000 to the defendants for allotment of 2000 shares of the value of Rs. 2,00,000. The payment of Rs. 1,00,000 was only a part payment. Out of this amount of Rs. 1,00,000 at the direction of the plaintiff a sum of Rs'. 20,500 was transferred to another account of bookings where she had booked a commercial flat in a building proposed to be built by the company which is "the proprietor of the plot No. I, Rajindra Place". It is admitted that there is' a transfer entry of Rs. 20,000 and a separate receipt was issued tor this' amount, though it is contended that that was done "inadvertently."